EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications
Single Topic for Decision 2630E
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504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
An employer offering exaggerated, inconsistent, or vague reasons may be an indicator of the employer’s discriminatory intent. Although the Board’s task is not to determine whether an employer had just cause to discipline an employee, it must nonetheless consider evidence of the alleged wrongdoing to determine if the employer exaggerated or otherwise mischaracterized what occurred, thereby evincing an unlawful motivation.